Chapter 1 Introduction

This Act may be cited as the Unit Title Schemes Act 2009.

(1) The provisions of this Act (except as provided in subsections (2), (3) and (4)) commence on the date fixed by the Administrator by Gazette notice.

(2) Sections 142 and 147 are taken to have commenced immediately after the commencement of section 53 of the Land Title and Related Legislation Amendment Act 2008.

(3) Sections 149 and 152 are taken to have commenced immediately after the commencement of section 27 of the Land Title and Related Legislation Amendment Act 2008.

(4) Sections 163, 166, 167, 168 and 174 are taken to have commenced immediately after the commencement of section 47 of the Land Title and Related Legislation Amendment Act 2008.

The objects of this Act are:

(a) to facilitate the formation, development and administration of unit title schemes that are flexible and meet contemporary needs; and

(b) to regulate the operation of the schemes.

(1) This Act (together with the Planning Act 1999 and Land Title Act 2000) forms the legislative framework for unit title schemes.

(2) A unit title scheme is formed:

(a) after a development permit or exceptional development permit for the subdivision of land is issued under the Planning Act 1999; and

(b) when a plan of subdivision for the land and the first scheme statement of the scheme are registered under the Land Title Act 2000.

Notes for subsection (2)

1 The plan of subdivision subdivides the land into lots that constitute the units and common property of the scheme.

2 The registration of the plan of subdivision and scheme statement has the effect, amongst other things, of creating the registered interests in the units and in the common property.

3 For the interactions between this Act and the Unit Titles Act 1975, see sections 111 to 113.

(3) In general, this Act sets out the rules about the basic operation of a scheme and related administrative matters.

(4) Chapter 2 provides for the basic operation of a scheme, including:

(a) the formation and changes of a scheme; and

(b) the key elements and development of a scheme.

Note for subsection (4)

The termination of a scheme is governed by the Termination of Units Plans and Unit Title Schemes Act 2014.

(5) Chapter 3 provides for the administration of a scheme, including:

(a) the administration of the body corporate of a scheme (including, for example, the formation of the committee of management for the scheme); and

(b) other administrative matters (including, for example, the resolution of disputes, management modules, by-laws and engagement of service providers for a scheme).

(6) Chapter 4 provides for the administration of this Act (including, for example, establishing the office of schemes supervisor and making transitional arrangements for this Act).

In this Act:

acquisition authority means:

(a) the Territory; or

(b) a person or body that can acquire land for public purposes under a law in force in the Territory.

affected local government authority, for a scheme, means each of the following:

(a) if all or part of the scheme land is located in a local government area – the local government council for the local government area;

(b) if all or part of the scheme land is located in a prescribed area under the Northern Territory Rates Act 1971 – the Minister administering that Act;

(c) if all or part of the scheme land is located in the Darwin Waterfront Precinct specified in the regulations made under section 4 of the Darwin Waterfront Corporation Act 2006 – the Darwin Waterfront Corporation.

approved form means a form approved under section 103.

approved reinstatement process, see section 58(1).

basic scheme, see section 63(3).

body corporate means a body corporate formed on the formation of a scheme as mentioned in section 11(1)(b).

body corporate address, see section 25(2).

body corporate asset, see section 29.

body corporate manager, of a scheme, see section 87(1).

body corporate name, see section 18(2)(b).

body corporate policy, see section 52(1)(b).

building permit, see section 4 of the Building Act 1993.

by-laws means the by-laws as mentioned in section 95.

caretaking service contractor, of a scheme, see section 87(1).

code of conduct means a code of conduct set out in Schedule 1, Part 1, 2 or 3.

committee, see section 74(1).

committee member means a member of a committee.

common property, see section 33(1).

consent authority, see section 4 of the Planning Act 1999.

consolidation, see section 3(1) of the Planning Act 1999.

contribution entitlement means a contribution entitlement as mentioned in section 39(1)(a).

contribution schedule, see section 39(1)(a).

damage, of the scheme land of a scheme, includes the destruction of any scheme building on the scheme land.

developer, of a scheme, means:

(a) the registered owner of the scheme land when the scheme is formed; or

(b) another person who is taken to be the developer of the scheme as mentioned in section 67(2)(b).

development permit, see section 3(1) of the Planning Act 1999.

disclosure statement means a scheme disclosure statement mentioned in section 45(1) or a replacement scheme disclosure statement mentioned in section 46(2).

dispute, see section 84.

easement means an easement, or easement in gross, as defined in section 154 of the Law of Property Act 2000.

endorsement, of a scheme statement, means:

(a) an endorsement by the consent authority of the statement for its registration in relation to the matters prescribed by regulation as mentioned in section 18(3)(c)(i); or

(b) an endorsement by a body corporate of the statement for its registration as mentioned in section 18(3)(c)(ii) or (iii).

entitlement schedules, see section 39(1).

exceptional development permit, see section 3(1) of the Planning Act 1999.

exclusive use by-law, see section 97(1).

first scheme statement, see section 10(2).

higher scheme, see section 63(2).

intended to be developed progressively, in relation to a scheme, see section 64(1) and (2).

interest entitlement means an interest entitlement as mentioned in section 39(1)(b).

interest schedule, see section 39(1)(b).

layered scheme, see section 68(1).

letting agent, of a scheme, see section 87(1).

lodge, see section 4 of the Land Title Act 2000.

lot, see section 4 of the Land Title Act 2000.

Note for definition lot

The common property or a unit is a lot under section 4 of the Land Title Act 2000.

majority resolution, see section 79(6).

management module means a management module as mentioned in section 94.

meeting, of a body corporate or committee, see section 78.

member, of a body corporate, see section 24.

member scheme, of a layered scheme, see section 68(2).

mortgagee, of a unit, means a registered mortgagee of the unit.

ordinary resolution, see section 79(7).

original owner, for a scheme, means:

(a) the registered owner of the scheme land immediately after the scheme is formed; or

(b) another person who has the legal authority to control the land (including, for example, a mortgagee) at that time.

original owner control period, for a scheme, means the period immediately after the formation of a scheme, during which:

(a) the original owner is the only member of the body corporate; or

(b) the original owner:

(i) owns, or has an interest in, the majority of the units of the scheme; or

(ii) controls the voting of the body corporate in any other way.

owner, of a lot, means the registered owner, as defined in section 4 of the Land Title Act 2000, of the lot.

plan of consolidation, see section 4 of the Land Title Act 2000.

plan of subdivision, see section 4 of the Land Title Act 2000.

progressive development, of a scheme, means the implementation of 1 or more stages of a scheme that is intended to be developed progressively.

purposes, of a scheme, means:

(a) the purposes of the scheme as specified in the scheme statement under section 18(1)(b); and

(b) if the developer intends the scheme to be developed progressively – the purposes of the progressive development as specified in the scheme statement under section 18(1)(e)(ii).

registered means registered by the Registrar-General in the land register as defined in section 4 of the Land Title Act 2000.

Registrar-General means the person holding or occupying the position of the Registrar-General for the Northern Territory, or a position of a Deputy Registrar-General, mentioned in section 5 of the Registration Act 1927.

Registrar-General’s direction means a direction in force under section 210 of the Land Title Act 2000.

registration number, of a scheme or body corporate, means the number allocated to the scheme or body corporate by the Registrar-General under section 54B of the Land Title Act 2000.

reinstatement, see section 53(2).

reinstatement process, see section 58(2).

resolution without dissent, see section 79(5).

Restricted Water Extraction Area means an area of land declared under section 14A(1) of the Water Act 1992.

scheme means a unit title scheme as mentioned in section 10(1).

scheme building, see section 32(2).

scheme land, see section 32(1).

scheme name, see section 18(2)(a).

scheme statement, see section 10(1).

schemes supervisor means a person holding or occupying the office of unit title schemes supervisor mentioned in section 99.

service contractor, of a scheme, see section 87(1).

special resolution, see section 79(8).

stage, of a scheme intended to be developed progressively, means a stage of the development mentioned in section 64(1)(b).

statutory easement, see section 51.

subdivision, see section 5 of the Planning Act 1999.

subsequent scheme statement, see section 12(1).

subsidiary scheme, see section 63(1).

termination means the termination of a scheme under section 72.

Tribunal means the Civil and Administrative Tribunal.

unanimous resolution, see section 79(4).

unit, of a scheme, see section 37.

unit entitlement, see section 39(2).

unit occupier, of a unit, see section 38(2).

unit owner, of a unit, see section 38(1).

unit title scheme, see section 10(1).

utility infrastructure means:

(a) a device or structure by which scheme land is supplied with a utility service; or

(b) a device for measuring the reticulation or supply of a utility service.

utility service means any service for the amenity of the units or common property of a scheme, including, for example, water, gas, electricity, telephone, sewer and drainage.

working day means a day other than a Saturday, Sunday or public holiday as defined in section 4(1) of the Public Holidays Act 1981.

Note for section 5

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Subject to any contrary intention, in a provision of this Act:

(a) references to various matters about a scheme are taken to be references about the same scheme; and

(b) if the references are about a part of a scheme (such as a unit) – they are taken to be references about the same part; and

(c) if the references are about a person related to a scheme in a particular way (such as the unit owner) – they are taken to include references to each person so related to the scheme.

Examples for section 6

1 If a provision of this Act refers to a scheme statement and units without expressly linking them to a particular scheme, they are taken to be references relating to the same scheme. See section 11.

2 If a provision of this Act refers to unit entitlements and a unit owner without expressly linking them to a particular unit, they are taken to be references relating to the same unit of a scheme. See section 40(1).

This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

Part IIAA of the Criminal Code applies to an offence against this Act.

Note for section 8

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Proceedings for an offence against this Act may only be commenced:

(a) within 2 years after the date on which the offence is alleged to have been committed; or

(b) with the authorisation of the Minister – at a later time within 5 years after the date on which the offence is alleged to have been committed.